Patna High CourtCR. MISC./8370/2017allowed

Kavindra Nath Choubey @ Kabindra Nath Choubey v. The State Of Bihar

2017-03-30Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8370 of 2017 (4) dt.30-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8370 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Kavindra Nath Choubey @ Kabindra Nath Choubey, S/o Nathuni Choubey, R/o Village- Amlori, P.S.- Siwan, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mirganj Police Station Case No. 254 of 2016, disclosing offences under Sections 420, 414 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who happens to be the owner of the alleged vehicle, is innocent and has not committed any offence. In fact the petitioner has not been named in the F.I.R. and no any allegation has been leveled against this petitioner. Merely being the owner of the vehicle, this petitioner has been made accused in this case. Nothing has been recovered from the conscious

Patna High Court Cr.Misc. No.8370 of 2017 (4) dt.30-03-2017 possession of the petitioner. No any cogent material is available on record against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Mirganj Police Station Case No. 254 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T